Indian Penal Code, 1860, Section 304A, 279 -- Rash and negligent driving - Reduction of sentence - Incident occurred long back in the year 1996 - Parties settled the matter - In view of conduct of accused in removing the injured to hospital soon after the incident, sentence of accused set aside - However, compensation of Rs.50,000/- as directed by High Court remains the..........
Indian Penal Code, 1860, Section 279, 338, 304A -- Rash and negligent driving - Collusion between three wheeler and bus - Death of four passengers of three-wheeler - Three-wheeler being driven by complainant at the time of accident was proceeding in the wrong lane/road, giving no time at all to driver of bus to avoid hitting three-wheeler - Bus driver in such situation..........
Indian Penal Code, 1860, Section 279, 304A, 337 -- Accident - Rash and negligent driving - Eye witnesses to the incident unequivocally stated that deceased was hit by scooter being driven by accused in most rash and negligent manner at a high speed, which resulted into death of deceased - Version put by eye witnesses fully corroborated by medical evidence - Defence put by..........
Indian Penal Code, 1860, Section 279, 304A, 337, Probation of Offenders Act, 1958, Section 4(b) -- Accident - Rash and negligent driving - Benefit of probation - There is overwhelming evidence to suggest that vehicle was driven by accused in rash and negligent manner, thus no leniency can be shown to accused - Benefit of probation not granted to accused - However, taking..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - In "negligence" wrong doer breaks a positive duty and in "rashness" he breaks a negative duty...........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Collusion between lorry and car - Death of driver and one of passengers of car - Accident occurred due to rash and negligent driving of driver of offending vehicle - Place of occurrence is a curve and accused driving the lorry at a high speed which resulted in death of two persons - No..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Reduction of sentence - Collusion between lorry and car - Death of driver and one of passengers of car - Incident occurred long back in 1998 - Accused is now 60 years old - Considering the age of accused and long lapse of time, accused entitled to get leniency - Accused sentenced to R.I..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338 -- Rash and negligent driving - Vehicle over-turned - All five persons sitting in the vehicle injured and one died later on - Only one person was examined out of all injured, who improved his statement with regard to certain facts - Police officer who prepared site memo, not examined - Opinion of mechanic is two fold..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 287, 336 -- Quashing of FIR - Death due to rash and negligent act - Out of Court settlement - Alleged offences are no, compoundable offences and it is not expedient in the ends of justice to quash FIR on the basis of out of Court settlement, as out of Court settlement is not per se..........
Indian Penal Code, 1860, Section 279, 304A, 337, 338, 427 -- Rash and negligent driving - Collusion between jeep and bicycle - Death of bicyclist - Eye witness, PW2, scribe of FIR, supported the prosecution case and was not related to deceased - Even he was totally unaware of antecedent of deceased - PW2 present on the spot, caught hold of accused and carried the deceased..........
